Today, on “Immigration Day,” the Biden administration issued a series of executive orders relating to its major immigration policy priorities, including: (1) revising the “public charge rule,” (2) rebuilding faith in the legal immigration system, (3) implementing a humane migration and asylum system, and (4) creating a task force to reunite migrant children who were separated from their families under the Trump administration. In remarks made at the signing ceremony, President Biden stated that he is “not making new law” but unraveling prior administration policies. 
Continue Reading On “Immigration Day,” Biden Signs Orders to Reverse Prior Administration Policies

Nearly half of the executive orders signed by President Biden on his first day in office reverse the immigration policies of the Trump administration.  The Biden administration’s actions included reversing the ban on visa issuance and travel from Muslim-majority countries, placing an immediate pause on funding construction of a wall along the country’s southern border, and requiring testing negative for COVID-19 to enter the United States.  The new administration’s swift action underscores the priority placed on immigration policy, as forecasted here.  We outline each executive order signed, with plans to further address the executive actions most critical to employers and businesses.  
Continue Reading President Biden’s First Executive Orders Focus on Reversing Trump Administration Policies

On his first day in office, President Biden is taking a series of actions to realize his vision for US immigration policy.  Fulfilling one of his major campaign promises, President Biden has introduced a comprehensive immigration reform bill, “The U.S. Citizenship Act of 2021” (the “Act”).  The Act seeks to establish “a new system to responsibly manage and secure our border, keep our families and communities safe, and better manage migration across the Hemisphere.”  We provide a summary of the bill’s proposals here.
Continue Reading President Biden’s Day One Immigration Priorities

Every January, employers go into high gear to prepare H-1B cap-subject petitions for filing on the first business day of April.  This year, employers must also monitor for potential regulatory changes to the filing process.  On December 3, 2018, the Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register titled “Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens.”  The 30-day public comment period closed January 2, 2019, and employers remain in wait for the impact to this year’s cap-subject filings.  While President Trump tweeted about H-1B changes that “are soon coming,” it is not clear whether they relate to the proposed rule.

The proposed rule seeks to accomplish two goals: streamline the H-1B selection and filing process by creating a pre-registration system, and increase the chances of selection for H-1B petitions eligible for the advanced degree exemption by reversing the order in which the cap lotteries are run.

US Citizenship & Immigration Services (the agency responsible for immigration benefits within DHS) received over 800 comments on the proposed regulation, including comments from the US Chamber of Commerce, the American Medical Association, and the American Immigration Lawyers Association.  The public comments criticize the proposed timeline and logistics, identify impacts stretching beyond immigration law, and suggest that the proposed rule may face court challenges if implemented:


Continue Reading Impact of Proposed H-1B Rule on Annual Cap Filings

In a recent Bloomberg Law article discussing what 2019 has in store on the immigration front, Liz Stern remarks on the changing landscape of business immigration as USCIS challenges and narrows the definition of the H-1B specialty occupation visa category.  Although comprehensive immigration reform is not likely, Stern anticipates more litigation as businesses become increasingly

The Texas Attorney General, joined by six other states, filed suit against the federal government yesterday to terminate the Deferred Action for Childhood Arrivals (DACA) program on the basis that DACA derives from an executive overreach by President Obama in 2012. The suit was filed in the Fifth Circuit in Brownsville, Texas, where a November 2015 decision overruled President Obama’s plans to protect more than 4 million individuals from deportation.

The lawsuit further complicates the fate of DACA recipients, also known as Dreamers, as other district court rulings remain active. Most recently, a  Washington, DC district judge ordered that DACA renewal applications should continue, and that new applicants may be eligible to apply if the federal government fails to justify within 90 days why DACA should cease altogether.


Continue Reading Texas and Six States Sue to Abolish DACA